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2017 (5) TMI 43 - AT - Central ExciseValuation - goods cleared to own units - IC engine sold in the market and IC engine supplied to Nashik plant - As per circular no. 692/8/2003-CX dated 13.02.2003 the cost of production should be in accordance with CAS-4 which was not followed in the present case - The department’s objection is that the assessable value which is on cost construction method is not correct in as much as the appellant have not included various expenses - Held that: - even if the duty as demanded in the SCN would have paid by the appellant the same was available as a cenvat credit to their Nagpur and Rudrapur therefore, there was neither gain nor loss either to revenue or to the assessee - reliance placed in the appellant's own case [2017 (3) TMI 369 - CESTAT MUMBAI], where it was held that even though duty is payable and the recipient unit is part of the same entity and is eligible for MODVAT/CENVAT credit paying duty from PLA also then it is a revenue neutral exercise - the impugned order, on the ground of revenue neutrality, is not sustainable - appeal allowed - decided in favor of appellant.
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